Challenges And Defenses To Allegations Of Domestic Assault
At the beginning of a domestic violence case, the responding police officers and judges give the benefit of the doubt to the alleged victim. The accuser’s story is taken at face value in terms of making an arrest and issuing temporary restraining orders.
But eventually you will get a chance to tell your side of the story and hopefully set the record straight on what really happened. That is where the experienced attorneys of Premier Domestic Violence Law Group come in. We can assert viable defenses and present mitigating factors that have been proven to work on behalf of hundreds of clients. We have a solid track record of dismissals and other favorable outcomes to these life-altering charges.
Common Defenses In A Domestic Violence Case
There are affirmative defenses in the California penal code and other strategies that can cast reasonable doubt on allegations of domestic assault or other forms domestic violence. Here are some of the common defenses:
- Self-defense — You are allowed to defend yourself when someone is attacking you or threatening you. Even if you are bigger and stronger, you are not required to simply endure an assault or thrown objects. Self-defense can include countermeasures to make the other party stop.
- Mutual combat — This essentially asserts that both parties were engaged in a physical altercation and neither person was the clear aggressor or instigator.
- False allegations — The spouse or partner is not being truthful about what happened, or is fabricating or exaggerating events out of spite, revenge or to gain unfair leverage in divorce or child custody proceedings.
- No crime occurred — The alleged actions fall short of the statutory definition of assault or domestic violence. For example, they got in your face and you pushed them away or you raised your voice but did not make any verbal assault or threats.
- Accidental injuries — You did not intend to cause bodily harm but the person fell or otherwise got hurt during the altercation.
Our lawyers will bring in witnesses or use the victim’s own words or conflicting stories to law enforcement in support of your version of events. Even if these defenses do not result in reduced charges or dropped charges, the court may take your side of story into consideration as a mitigation of the criminal penalties or the terms of a restraining order. We routinely assemble mitigation packets for this very reason.
An Ex-Prosecutor Knows What Defenses Will Work
Founding attorney Mark Deniz formerly served 10 years a domestic violence prosecutor. He is well-versed in the statutes on assault, battery and related domestic violence offenses, and he knows what types of testimony or evidence will convince the prosecuting attorney to dismiss or reconsider the charges.